Steve Carlson

   The premium cigar industry is celebrating a major victory today, as the United States District Court for the District of Columbia has fully vacated the FDA Deeming Rule as applied to premium cigars. This landmark decision is a culmination of years of effort by industry advocates, and it marks a turning point in the regulatory landscape surrounding premium cigars.

The FDA Deeming Rule was originally enacted in 2016, and it gave the FDA broad authority to regulate all tobacco products, including premium cigars. The rule required premium cigar manufacturers to submit premarket tobacco applications (PMTAs) for their products, and it also imposed a number of other restrictions on the industry.

The premium cigar industry challenged the FDA Deeming Rule in court, arguing that it was arbitrary and capricious. The industry also argued that the rule violated the First Amendment by restricting the free speech rights of cigar manufacturers.

In a 120-page ruling,